Recording Available, September 05, 2019 Community Conference Call with Attorney Rajiv S. Khanna

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Team Member, Immigration.Com
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Rajiv S. Khanna, US Immigration Attorney, hosts a Free Community Conference Call for all of you, every other Thursday at 12:30 PM Eastern Standard Time to answer US immigration related questions, Dial in No: (202)800-8394. Everyone, whether or not a member of discussion forums, is welcome to call in and ask questions or just listen live or listen to the recording for the call posted at the end of the day. Note that we answer posted questions and follow-ups first.

Conference Dial-in: : (202)800-8394
Topic: General Immigration Related Questions
Start Time: 12:30 PM, EST
End Time: 1:30 PM, EST
Next Call Date: 19, September 2019
NOTE: This call does not mean that we have agreed to represent you or that there is an attorney-client relationship between us. This is merely a community service. You should discuss the specifics of your case with the attorney representing you.
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New Member
FAQ: What if H-4 EAD's are revoked by the USCIS
Hi Sir,
My name is Madhu. My Green Card is in process and I-140 is approved. My wife got H4 EAD. It is valid till 2022.
If DHS revoke H4 EAD, what will happen to the existing H4EAD? Will impact the current approved H4 EAD too?

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New Member
Hello Sir,

Is it safe to change to a new employer based on EAD cards received 2 mnth prior; I-485 verification appointment completed with USCIS two weeks prior; Expect to receive my GCs in hand by end of Oct based on interview officer sais: because no new Visa numbers available at present you will have to wait until Oct, that's when new Visa numbers will be issues to allocate you new GC. From his perspective he thinks your I-485 is all good and he will send it to processing center for next and final review.

Now I got a new job offer while I am waiting for my GC with potential 40% increase in salary and a dream job that I don't want to miss. Job role will be next level role. Getting chance to get to next level in career. At present I am Tech Lead in IT and this new job will be of Program Manager in IT. My GC was filed for tech lead role basis. Also note, my I-485 file date has crossed 180 days already. So do I still need to do 485-J or AC 21? If yes, by when should I do what?

Not sure if this could impact my naturalization process in future?

Will it be safe to change job immediately within a week after getting the GCs in hand? Or can I change now?


New Member
Hello Mr. Rajiv,
I have a question about getting a new H1B after doing a masters program. If a person is currently in US and is on the last year of their H1B (based on a bachelor's degree from another country) and doesn't have a master's degree,apply for a Master's degree and go to a F1visa and be eligible for a new H1B after completing the degree or will the person have to go out of the country since their previous H1B was almost timed out when the person moved to F1 visa.

Thanks a lot for all the help!



New Member
FAQ: Working on other projects while on H-1B

Dear Rajiv Sir,

I was wondering which if the following activities are OK to do in the U.S. while in H1b status:

1. Purchase Real Estate and then later rent it out.

2. Volunteer for a non-profit organization in the U.S.

3. Volunteer for a non-profit organization outside the U.S. (i.e. translate stuff into English and that kind of thing)

4. Work for a company outside the U.S.

Thank you Sir.
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New Member
Dear Mr Rajiv,

How long between NVC letter and interview date at Mumbai consulate?

I received an email from NVC on On 10th August 2019 stating that

"NVC has received all the requested documentation for the immigrant visa case and the applicant is now in the queue awaiting an interview appointment overseas."

In my case it is Mumbai it is an IR2 Visa and Date is current.

Thank you In Advance


New Member
Hello Mr. Khanna,
I recently graduated with a MS in Historic Preservation and I am currently working on F1 OPT (12 months). Historic Preservation is a rather small field within the broader context of architecture & construction. I am seeking guidance on choosing between two job offers to ensure a better probability of being approved for an H1B next year. Both jobs are related to my master's degree, one is with a relatively large firm having about 7-10 employees (all non H1B) but is a 4 year old firm with senior partners; the other is with an independent practitioner who has been working in this field for about 40 years and has nobody working with him. I would like to weigh both offers keeping in mind - which of the two would hold a better chance of H1B approval.
Thank you.
Rucha K


New Member
Dear, Mr. Khanna,

My parents are green card holders(mom since Jun 2009 and dad since Dec 2016), sponsored by my uncle who is a US citizen. They are now both above 65 years. I and my wife are on H1B and my daughter is a US citizen by birth.

USCIS director announced a public charge rule which will go into effect on Oct 15. I would like to know if this applies to existing permanent residents as well or only to new applicants seeking permanent residency?

If only for new applicants, can my parents continue their public benefits (such as medicaid) beyond October 15, without their green card being revoked?

Also, is there any issue if they travel abroad and seek to return to US.

Appreciate you help and guidance.


New Member
FAQ: Multiple H-1B approvals
Dear Mr. Khanna,
Need your inputs on this. I have approved I-140 approved in 2012 with currently employer and am still on H1b with valid petition.Another employer wants to transfer my H1 petition ( based on Job offer acceptance). Once H1 transfer is approved with new employer, (1) Can I still continue working with my current employer if I don't want to join new employer ? ( 2) Will that create any problem in my future extensions if I don't join new employer after H1 transfer approval and continue with current employer on existing H1B visa as my current employer?
(3) Can I keep multiple H1B Transfer approvals with different employers based on Job offer and still continue work with current employer on existing approved H1 petition?
Please provide your inputs on this.
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New Member
Hello Sir,

This is the followup to the below answered question on Aug.22nd conference call. Please review the policy and advise whether I am eligible to re-file I-140 using the PD 2010 Perm in order to retain 2010 PD. Thank you.

Aug.22nd answered question:
Hello Sir,
My Perm got approved with 2010 PD and my employer applied I-140 within 180 days after the Perm approval in EB3 category. But I-140 rejected without receipt no. or RFE, saying Fee changed and apply with updated Fee. My employer applied again with new fee but 180 days period is completed by then. Also, I-140 rejected with same reason as well without any receipt no. or RFE.

My employer started gc process freshly and received approved Perm and approved I-140 with PD of 2011 under EB3 category. I am looking for my options to retain or request old PD of 2010? Please guide.

Thanks in advance


New Member
Hello Rajiv Sir,
I am an Indian having US Citizenship.
I am planning to get married in India and need advice on how can i take my spouse to USA, which visa i have to apply, can she come on Tourist visa or need to apply any other visa? What documents are needed, and how much time it takes to receive visa? Is it easy or a complicated process? Is it better to find a girl in USA or India to avoid paper work?
Can you explain the step by step procedure?

Thank you,
K Kumar


New Member
Hello Rajiv Sir,

I am Indian got US Citizenship last year. I get one girl finalized in India for marriage but I heard that whole process(GC Process) takes 14 months to get spouse here if I get married in India.

Other option is to bring on K1(fiance visa which takes 7-8 months) and get marriage register in USA or apply for K3 visa(Spouse of US Citizen which takes 7-8 months too)

If the girl is already having a US tourist visa, Can she come on tourist visa and then i register the marriage in USA and then start GC process here in USA itself?

Please suggest what is the best option to avoid less separation time

In case if I live for some time in India after marriage, Can I file paperwork from India, Do I have to be in Job in USA before applying for her paperwork.

Thank you,
K Kumar
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New Member
Also from Aksal123:
Sir, Will this public charge law lead to green card denials for people seeking Green card renewals?

Thanks you.


New Member
Dear Rajiv Sir,

I recently got H1B RFE regarding Specific Specialty when I applied via Premium Processing.

I am in US since 2009. I have done my Bachelors of Engineering in Electronics & Communications. And I have got an experience in Software Development area for 15 years as of now. This is first of its kind for me as I have been working in same area for like last 10 years in US.

RFE is specifically about whether my BE equivalence to job duties I am doing. I have just one month for H1B to expire with 10 days of grace period in I-94.

My employer attorney has requested for Expert Opinion to some agency (I am not sure what is that). And I would like to know your answer on below questions.

1. Is this an usual RFE? Any thing to worry?
2. Should RFE be responded with my work experience matching current job description (My experience Profile was shared initially, still got RFE) or should my degree subjects have to be explained?
3. My wife works on EAD and can she work post September if my case will be pending with Receipt Notice?
4. Will I get a chance for H1B filing with different employer after I-94 expiry in case something in my current application goes wrong? What are my options then?
5. Will my dependents H4 and H4 EAD gets approved concurrently when H1B gets approved as they got Bio-metric appointment for them this time - which is different from last time we applied (Dec 2018)?
6. My employer location is in Indiana and I reside in VA. Last time they applied to Nebraska, but this time Attorney decided to apply for CSC. My employer told Attorneys can check somewhere and apparently this time they chose to apply for California SC because Nebraska SC is full. Is this a real situation? Shouldn't my case go to Nebraska SC ? Is it fine with California SC?

Thanks in advance for this opportunity. Hope you will answer to my doubts here during the call.



New Member
Dear Rajeev,

I am on H1B and work at my employer office in US on in-hourse projects. I have a formal people manager title and US based employees reporting into my current role.
The employer has a development center in India, and I will be going to work in India for about a year on new projects (along with my current people manager responsibilities).
When I come back after a year, can my GC be filed in EB1 category? if possible, What are the requirements and caveats to take care of?

I have been in US for 13+ years and have two I-140 petitions approved with previous employers from 2011 and 2016. I do not have any GC petition filed with the current employer yet.

Thank you very much for your help.


New Member
Dear Atty. Khanna,

[You were my EB2 GC attorney 22 years back :). How are you?]

My sister-in-law, her husband and their daughter and son were admitted into the US on immigrant (F4) Visas last year May. Because my sister-in-law's mother was ill in India, my sister-in-law, her husband and their son (19 yrs) left for India last year July after about a 2-month stay in the US and after applying for reentry permits to take care of my sister-in-law's mother.

Now last month, after an year after their arrival in India, her mother passed away. But they are having to continue their stay in India for one more year (within the validity period of the reentry permits) for 2 reasons:

1. Primary reason: now her father isn't doing well health-wise and needs my sister-in-law, her husband and their son to be around to take care of him. There's no one else in India to take care of him.

2. Secondary reason: they are performing monthly Hindu rituals for the departed soul and according to the strict Hindu traditions they are following, they aren't supposed to leave that place until the first annual ceremonies are conducted in July 2020.

The reentry permits are valid for 1 year more (until September 2020) but would they have any issues with admission back into the US in August 2020, if they continue to stay to take care of the father now? The purpose mentioned for the reentry permit was the mother's ill health. Would it implicitly include the now unwell father as well now that the mother has passed away? Also, does CBP consider Hindu religious obligations in regard to the rituals being conducted for the mother's soul?

Thank you so much!

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New Member
Hi Rajiv,

My previous H1B visa expired on 31-Jan-2019. My extension was filed in normal mode, end of Dec-2018 at Nebraska center. My case got transferred to Vermont center in Jun-2019. Did not get any update after that and it was converted to premium on 23-Aug-2019 and I received RFE on 30-Aug-2019. My company said it will take 10-15 days for the RFE to be received and will share after that. I believe it is mostly due to Specialty Occupation, as I have seen it for another colleague for the same Computer Programmer role. Could you please clarify the 2 questions:

1) My 240 day since the previous visa expiry date is 28-Sep-2019. My company said they need time to respond to the RFE notice. So I will not be able to respond to the RFE notice and obtain the final decision by the 240 day period. My question is whether it is legally allowed for me to stay even after the 240 day period till the final decision is made. If allowed,
a) is there any condition that I should not be working during the period.
b) will it affect my history that I overstayed past the 240 day period and create some issue when I re-enter the next time.

2) Regarding the RFE concerning Specialty Occupation for the Computer Programmer role, could you please let me know the items that needs to be taken care on the documents to be submitted towards the RFE response.

Thank you in advance.

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